On Dec. 16, 2013, the Bureau of Indian Affairs in Fort Yates received a call from the hospital that a female had reported being raped while at her Fort Yates residents. The victim was able to identify the individual as Agard. Agard was questioned and admitted that he sexually assaulted an individual incapable of consenting to sexual activity.

Agard faces a sentence of up to life in prison, five years to life of supervised release, and a $250,000 fine.

Sentencing for Agard is set for Dec. 1, 2014, at 10:00 a.m. in U. S. District Court Bismarck.

The case was investigated by the Bureau of Indian Affairs – Standing Rock Agency.